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1. The Defendant’s KRW 18,00,000 and the Plaintiff’s annual rate of KRW 5% from July 20, 2017 to January 24, 2018.
Reasons
1. On September 26, 2002, the Plaintiff reported the marriage with Nonparty C, and the Defendant is a person working for the same workplace as Nonparty C, with contact several times from December 2, 2016 to April 2017. The fact that the Plaintiff was in in in an inhuman relationship, including physical relations, such as traveling abroad, and living together in the studio, does not conflict between the parties, or that the fact that there was no dispute between the parties, or that there was an inhuman relationship, including the physical relationship, such as entering in the studio, living together, etc., and the purport of the entire pleadings.
2. Determination:
(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal life;
In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015 (see, e.g., Supreme Court Decision 2013Meu2441). According to the foregoing facts, the Defendant committed an unlawful act even when C knew of the fact in a marital relationship with the Plaintiff, thereby infringing on or interfering with the Plaintiff’s community life and infringing on the Plaintiff’s spouse’s right as the spouse, and thereby suffering mental distress, the Defendant is liable to compensate the Plaintiff for mental distress.
B. When comprehensively taking into account the scope of liability for damages, the period of marriage and family relationship between the Plaintiff and C, the background leading up to which C and the Defendant met, the period and content of the unlawful act committed by C and the Defendant, and the degree of failure in marriage, etc., the amount of consolation money shall be determined at KRW 18,00,000
C. Accordingly, according to the theory of lawsuit, the Defendant is the Plaintiff’s damages amounting to KRW 18,000,000 as damages and the damages amount therefrom after the date of tort.